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GEOGRAPHICAL INDICATIONS ACT
ARRANGEMENT OF SECTIONS
- Short title.
- When geographical indication regarded as misleading.
- When geographical indication regarded as applied to product. PART II
TRADEMARKSOFFICE,OFFICERS AND REGISTER
- Functions of Trade Marks Office, Controller, registrars and other officers.
- Register of Geographical Indications.
- Inspection of Register and right to obtain copies of entries therein. PART III
USE OF MISLEADING GEOGRAPHICAL INDICATIONS
- Prohibitionagainst use of misleading geographical indications.
- Institution of proceedings regarding use of misleading geographical indication.
- Remedies available in proceedings regarding use of misleading geographical indication.
- Defences available in proceedings regarding use of misleading geographical indication.
- Presumptions where geographical indication is registered.
- Anton Piller orders (orders without notice).
- Remedy for groundless threats of proceedings regarding use of misleading geographical indication.
REGISTRATION OF GEOGRAPHICAL INDICATIONS
- Persons entitled to apply for registration.
- Application for registration.
- Publication of application and opposition thereto.
- Effective date of registration.
CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF REGISTRATION
- Power of Registrar to authorise corrections.
- Rectification of Register.
- Cancellation of registration.
POWERS OF REGISTRAR
- Exercise of discretionary powers of Registrar.
- Proceedings before Registrar.
- Registrar may award costs.
- Power of Registrar to fix time and place of sitting and to adjourn proceedings.
- Power of Registrar to extend time-limits.
APPEALS AND REFERENCES
- Appeals from decisions of Registrar.
- Time for appeals.
- Powers of Tribunal on appeal.
- References to Tribunal by Registrar.
- Costs of Registrar.
- Certification of validity of registration.
OFFENCES AND PENALTIES
- Falsification of certain documents.
- Deceiving or influencing Registrar or officer.
- Witness giving false evidence before Registrar.
- Register to be evidence of entries therein.
- Evidence of certain entries and documents.
- Recognition of agents.
- Lodging and authentication of documents.
- Provisions as to fees.
- Publication of matters in Journal.
- Saving of right to use certain descriptions, names or trade marks.
- Act not to be construed as limiting other laws preventing misuse of geographical indications.
- Transitional provisions.
AN ACT to provide for the protection and registration of geographical indications and to provide for matters connected therewith or incidental thereto.
[Date of commencement : 1st March, 2002.]
1 Short title
This Act may be cited as the Geographical Indications Act [Chapter 26:06].
In this Act—
“area” includes a country, region locality or place;
“Controller” means the Controller of Patents, Trade Marks and Industrial Designs referred to in paragraph (a) of subsection (2) of section 3 of the Patents Act [Chapter 26:03];
“geographical indication” means an indication, however expressed, which identifies a product as originating in a particular area, where some quality, reputation or other characteristic of the product is essentially attributable to its geographical origin;
“Journal” means the Patent and Trade Marks Journal published in terms of section 95 of the Patents Act [Chapter 26:03];
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;
“misleading geographical indication” means a geographical indication that is misleading as described in section three;
“package” means anything in or by which a product is covered, contained or packed;
“product” means any natural or agricultural product or any product of handicraft or industry;
“Register” means the Register of Geographical Indications kept at the Trade Marks Office in terms of section seven;
“registered” means registered in the Register in terms of this Act;
“Registrar” means— (a) the Controller; or
- a registrar referred to in subsection (3) of section five; or
- an officer who is exercising a function which the Controller has directed, in terms of subsection
(4) of section five, should be exercised by that officer;
- to offer, advertise, keep, possess, expose, consign or deliver for sale;
- to authorise, direct or allow a sale;
- to barter, exchange, supply or dispose of for any consideration, direct or indirect;
“Trade Marks Office” means the Trade Marks Office referred to in subsection (1) of section five;
“Tribunal” means the Intellectual Property Tribunal established by section 3 of the Intellectual Property Tribunal Act [Chapter 26:08].